O'Brien v. Cunard Steamship Co.
Massachusetts Supreme Judicial Court
Tort, for an assault, and for negligently vaccinating the plaintiff, a steerage passenger on the steamship Catalonia. Trial in the Superior Court, before Staples, J., who ruled that, upon the evidence, the plaintiff could not maintain the action, and ordered a verdict for the defendant; and the plaintiff alleged exceptions. The nature of the evidence appears in the opinion.
1Opinion of the CourtKnowlton, J.
This case presents two questions: first, whether there was any evidence to warrant the jury in finding that the defendant, by any of its servants or agents, committed an assault on the plaintiff; secondly, whether there was evidence on which the jury could have found that the defendant was guilty of negligence towards the plaintiff. To sustain the first count, which was for an alleged assault, the plaintiff relied on the fact that the surgeon who was employed by the defendant vaccinated her on shipboard, while she was on her passage from Queenstown to Boston. On this branch of the case the…
2Cases cited5 opinions
- McDonald v. Massachusetts General HospitalMassachusetts Supreme Judicial Court · 1876
- The ChinaSupreme Court of the United States · 1869
- Laubheim v. De Koninglyke Nederlandsche Stoomboot MaatschappyNew York Court of Appeals · 1887
- Ford v. FordMassachusetts Supreme Judicial Court · 1887
- McCarthy v. Boston & Lowell RailroadMassachusetts Supreme Judicial Court · 1889
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- De Zon v. American President Lines, Ltd.Supreme Court of the United States · 1943
- Roosen v. Peter Bent Brigham HospitalMassachusetts Supreme Judicial Court · 1920
- Patricia Franza v. Royal Caribbean Cruises, Ltd.Court of Appeals for the Eleventh Circuit · 2014
- Florence L. Barbetta, and James D. Barbetta v. S/s Bermuda Star, in Rem, Her Engines, Tackle, and MacHinery Etc.Court of Appeals for the Fifth Circuit · 1988
- Tompkins v. Pacific Mutual Life InsuranceWest Virginia Supreme Court · 1903
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